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Wife abandoned in foreign country, need serious help please!

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But you've abandoned your status by remaining outside the US for five years.

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AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Citizen (apr) Country: Iran
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https://help.cbp.gov/app/answers/detail/a_id/1191/kw/travel%20with%20expired%20green%20card/sno/1

Lawful Permanent Residents of the U.S. must present a Permanent Resident Card ("Green Card", INS Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States.

I fully understand your point of view in this. You want to settle the issue with your spouse, find out what he has been doing with your social security number, etc. He does not receive extra money for disability based on being married as he did when he was active duty. He is within his rights to file his taxes as married although you should have been informed and agreed if he filed jointly.

The problem is you have been gone for five years. You do have the right to enter the US and maybe, if you are really lucky, you will sail right through inspection. Most likely you will be stopped and given a court date. The question becomes where would you stay, how would you support yourself, etc. If you can't provide an address they may place you in custody until your court date. The chances of you being readmitted are slim to none. Ignorance of the law is not an excuse.

Although you say you don't believe in divorce that seems to be the only solution. If he is receiving disability as his only source of income you will receive little from him. Disability pay cannot be awarded to the spouse.

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Unfortunately, not being aware of it does not excuse it.

You have no path to permanent residency in the US.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Timeline

5 yrs is a really long time to have left with not even a visit in between

maybe if you traveled back with him you could have swung the request

to see an IJ. I don't know at this point, why not prepare an I 130 & file,

you both were together when he left Spain, and cheating is not a divorce so

write hime a heartfelt letter and see where things goes...Is he done or what

Edited by Jawaree
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Thanks for the answer Belinda. See, the biggest issue here is, my husband completely refuses to talk to me. I have exhausted every possible way to reach out to him to no avail. To make things worse, he´s completely blinded and brainwashed by his paramour, and I know for a fact she´s a terrible person, and I´m talking about the most illegal activities and bad companies that you can imagine. She´s a well known piece in St. Pete, has been arrested a few times for drug possession, is mentally deranged, as well as her whole family, and very dangerous. As in cutting off somebody´s car´s brakes kind of dangerous. Her last "acquaintance" recently added to her Facebook friends list is some ghetto criminal who´s been in and out of jail for cocaine trafficking and armed robbery among other things.

On top of that, she´s been taking advantage of mentally weak soldiers since 2009 (or maybe before that), just for the benefits. She´s pretty much destroyed every man who comes in contact with, ruining their lives miserably.

Yet again, this is not about my husband´s choices, but about my own situation and about doing the right thing for my future, you know? I just don´t want to be involved in legal trouble, whether or not my immigration status can be solved. I want to be free of coming back to America and have a life here, as I used to.


Jawaree, I could only wish. As things stand right now, he´s completely out of his mind. I don´t know him anymore :( Neither do his own family and friends.

Edited by Juani
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Filed: IR-1/CR-1 Visa Country: Morocco
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you are married and he can put u on tax returns / with computer filing no one actually signs the form / you gave him your SS number which BTW he could have gotten anyway / I got them for stepchildren for my late husband . but he needs to include your income if he doesn't, he has problems with IRS /more than likely he doesn't have to pay taxes on disablitity but should be paying taxes on your income

I don't understand some things / you say you and your parents were supporting him so quit sending money and support yourself / so, use your income to hire the lawyer

and where are you living now? In US there is help for displaced homemakers / call department of social services (not sure what it is called where you are) and ask what is available for you.

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As it stands the only path to you returning to the US to live is through your spouse filing a new petition. You could also try for a work visa.

I would need a real miracle for that to happen. He pretty much has left me behind so he can start a new life without any concerns or worries for his past. Little does he know where he´s getting himself into!

I would certainly try to get a B1/B2 visa, which is all I need to be able to work in the marine industry, but I´d like to know the best way to make things right at this moment. Should I surrender my GC, or should I try to talk to an Immigration Judge first? I really want to make everything correctly and not have any legal issues, as far as taxes and other SSN concerns go.

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Filed: K-1 Visa Country: Wales
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If he filed taxes including you that would be a plus seemingly the only one.

There is a lot of spurious information, as I see it:

You left 5 years ago to your home country.

You have had various jobs locally.

You filed a SB1 and it was refused.

So yes you can seek entry. Most likely the POE will refer you to an IJ, hopefully they will parole you in, they could detain you.

I would certainly find out if taxes have been filed if you want to give it a go then you need a Lawyer familiar with abandonment issues, very few are. You need to make sure they have tried such cases.

My first thought was why you wish to go to the US?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Argentina
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hi

no, you cannot work on a B1/B2 visa, unless a company hires you and you come with a work visa, there is no way of working in the US

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Filed: Other Country: Canada
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I would need a real miracle for that to happen. He pretty much has left me behind so he can start a new life without any concerns or worries for his past. Little does he know where he´s getting himself into!

I would certainly try to get a B1/B2 visa, which is all I need to be able to work in the marine industry, but I´d like to know the best way to make things right at this moment. Should I surrender my GC, or should I try to talk to an Immigration Judge first? I really want to make everything correctly and not have any legal issues, as far as taxes and other SSN concerns go.

You would have legal issues working on a b1/b2. You're not eligible to do so.

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Filed: K-1 Visa Country: Wales
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B gives you nothing more than you can do on the VWP, but they would not consider one without a formal GC surrender.

B gives you nothing more than you can do on the VWP, but they would not consider one without a formal GC surrender.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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you are married and he can put u on tax returns / with computer filing no one actually signs the form / you gave him your SS number which BTW he could have gotten anyway / I got them for stepchildren for my late husband . but he needs to include your income if he doesn't, he has problems with IRS /more than likely he doesn't have to pay taxes on disablitity but should be paying taxes on your income

I don't understand some things / you say you and your parents were supporting him so quit sending money and support yourself / so, use your income to hire the lawyer

and where are you living now? In US there is help for displaced homemakers / call department of social services (not sure what it is called where you are) and ask what is available for you.

I can expand on this if you want me too. Since he got discharged from the Army, I was the one working to support the household. He just worked as a temporary poker dealer for about three months, and then as a security guard for more or less the same time. Other than that, nothing. I thought my duty as a wife was to support him and give him time to adjust from military to civilian life, so that really wasn´t a big deal, I have always worked before marrying him, and also I was feeling quite bad about not being able to do so while my immigrant status was being approved.

But it came a point where I was feeling that if I didn´t work, there would just not be any income in the house. See, this man had a way of making me feel like I needed to nurture him, he played his alleged PTSD to a T. So the situation became unbearable, and we decided to go to Spain, where at least I had a house, and the rent money we were paying here would go instead to make the payments for the home loan. Things got complicated there due to my parents health, and I could just get a few temporary jobs, other than that it was my parents the ones helping us out at all times. My husband´s attitude not only didn´t change, but it became worse. He would sit at the computer all day playing videogames and looking for porn (this I found out a very sort time ago, and I won´t go into the perverted details out of pure respect and shame for discovering the kind of person I married).

Then in May 2014, he got in touch with his old friend who was living in a small apartment (just one bedroom). Since this guy works for the VA, he was the one suggesting my husband to go to St. Pete and get help to get his veteran affairs settled. I should join him later. In fact, they got a 2 bedroom apartment so I could come and reunite with my husband when everything was on track. I was still taking care of my mother, and also took the time to study my degree and get certain maritime courses that I needed in order to work in certain type of ships. I just didn´t want to rush things, all I wanted was not to be a burden to my husband and be able to work on my trade of choice.

My husband told me about the amount of backpay he was going to get, but you know, there are ways and ways of telling things. He actually never told me the very day he got the money: "listen, I got this, I want to send you so and so". He was also sleeping on a couch at the time (they were still in the small apartment), and he was supposed to be working soooooo hard for a future for us! And like I said, I fully trusted him with all I had, my marriage vows were always sacred to me. He would also tell me that he´d be coming home for Christmas.

Right before Christmas was when he got his monthly disability pay, this time for life. He never once told me he did. He was also working as a dishwasher on a restaurant, minimum wage job. He knows very well how to play the victim´s card, that´s all he´s done his whole life, but I have discovered this way too late. So anyway, he starts telling me that he´s getting so much overtime, that he´s very tired, that also he´s having a bunch of appointments at the VA for his health issues, etc. etc. etc. He really did play me well, and took advantage of the blind trust I had invested on him. He knew very well I would never check the bank account, and in fact, I never did until finding about his treachery and lies. Too late.

I´m already ashamed enough of myself for falling for his trap, and that´s something I don´t know if I can ever recover from. I feel like a complete imbecile.

The only thing I had left was my GC, thinking it was still valid and at least I´d have an opportunity to come back to America and work on the trade I chose, but even that is gone now.

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Filed: K-1 Visa Country: Wales
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So exactly what is it you want to do in the Marine sector and why do you need a PR tob do it?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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